43 CFR § 3425.1-4 - Emergency leasing.

---
identifier: "/us/cfr/t43/s3425.1-4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3425.1-4 - Emergency leasing."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3425.1-4"
section_name: "Emergency leasing."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3420"
part_name: "COMPETITIVE LEASING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act of 1954 (30 U.S.C. 521-531 ), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 ), the Department of Energy Organization Act of 1977 (42 U.S.C. 7101 ), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 ) and the Small Business Act of 1953, as amended (15 U.S.C. 631 )."
regulatory_source: "44 FR 42615, July 19, 1979, unless otherwise noted."
cfr_part: "3420"
---


# 3425.1-4 Emergency leasing.

(a) An emergency lease sale may be held in response to an application under this subpart if the applicant shows:

(1) That the coal reserves applied for shall be mined as part of a mining operation that is producing coal on the date of the application, and either:

(i) The Federal coal is needed within 3 years (A) to maintain an existing mining operation at its current average annual level of production on the date of application or (B) to supply coal for contracts signed prior to July 19, 1979, as substantiated by a complete copy of the supply or delivery contract, or both; or

(ii) If the coal deposits are not leased, they would be bypassed in the reasonably foreseeable future, and if leased, some portion of the tract applied for would be used within 3 years; and

(2) That the need for the coal deposits shall have resulted from circumstances that were either beyond the control of the applicant or could not have been reasonably foreseen and planned for in time to allow for consideration of leasing the tract under the provisions of § 3420.3 of this title.

(b) The extent of any lease issued under this section shall not exceed 8 years of recoverable reserves at the rate of production under which the applicant qualified in paragraph (a)(1) of this section. If the applicant qualifies under both paragraphs (a)(1) (A) and (B) of this section, the higher rate applies.

(c) The authorized officer shall provide the Governor of the affected State(s) a notice of an emergency lease application when it is filed with the Bureau of Land Management.

[44 FR 42615, July 19, 1979, as amended at 47 FR 33141, July 30, 1982; 48 FR 37655, Aug. 19, 1983]